Bill Would Require ISPs to Retain Data for Two Years

In an effort to more easily identify those who upload and view child pornography, two lawmakers this week introduced a bill that would require Internet service providers to retain subscriber information for up to two years.

In an effort to more easily identify those who upload and view child pornography, two lawmakers this week introduced a bill that would require Internet service providers to retain subscriber information for up to two years.

The Internet Safety Act, introduced by Rep. Lamar Smith and Sen. John Cornyn, both Texas Republicans, would also create new federal crimes for those who facilitate the transfer of child porn over the Internet. People who set up servers hosting child porn could face up to 10 years in jail, while those who fund these activities could get 20 years.

In addition, the bill increases funding for the FBI's Innocent Images National Initiative by $30 million  double the funds FBI agents currently have to investigate online child porn and child sexual exploitation.

"Of the nearly 600,000 images of graphic child pornography found online and reported to law enforcement officials, only 2,100 of these children have been identified and rescued," Rep. Smith said in a statement. "Federal, state and local law enforcement officials have reached a digital dead end in their battle against the online sexual exploitation of children."

ISP's should be held to the same data retention standards as phone companies, according to Smith. "How many times have we seen TV detectives seek call logs of a suspect in order to determine who he has been talking to?" Smith wrote in a Thursday editorial for The Dallas Morning News. "What if the telephone companies simply said to the detectives, 'Sorry, we get rid of that information after 24 hours?'"

The U.S. Internet Service Provider Association (USISPA), - whose members include AOL, AT&T, Comcast, EarthLink, Microsoft, Verizon, and Yahoo - said the bill is unclear about what records the government wants the industry to retain.

"Congress will need to examine many tough issues when legislating a mandatory data retention scheme," said Kate Dean, executive director of USISPA. "Among other considerations, Congress will need to decide which providers and what information is covered, reconcile how such a requirement will comport with today's and tomorrow's technologies, and determine the effect on consumers, their privacy and their online security, not to mention the financial impact on companies in this uncertain economy."

Dean was also concerned that the bill "appears to raise the specter of imputing criminal liability on ISPs and others for the provision of routine services, such as e-mail."

Smith and Cornyn said the bill would target "those who deliberately endanger our children  not those Internet service providers who work with law enforcement to protect them."

"With sexual predators increasingly using new technology to prey upon children, it is critical that law enforcement stay ahead of the criminals," Texas Attorney General Greg Abbott said in a statement.

Data retention was a big issue in Congress last year, but most lawmakers were calling for Internet companies to reduce the amount of time they retain data.

Companies like NebuAd, for example, took some heat over its practice of tracking users' online behavior in order to serve up more relevant advertisements. NebuAd later dropped out of the ISP business.

Comcast said on Friday that it only retains IP address assignment information for 180 days. "We do not retain any additional information unless compelled to do so by valid legal process," a spokeswoman said.

"It's premature for us to comment on this specific bill since we have not studied it fully," said a Cox Communications spokesman. However, the company has a longstanding policy of maintaining IP assignment logs for six months, he said.

AOL said its data retention policies vary according to business needs and requirements.

"In terms of the specific legislation proposed, I also wanted to point out that AOL has a long-standing relationship with law enforcement and other organizations such as the National Center for Missing and Exploited Children (NCMEC) focused on fighting the problem of online child exploitation," an AOL spokeswoman said. "We are also committed to working very closely with Congress and industry organizations to develop the best solutions for addressing this issue."

About the Author

Before joining PCMag.com, Chloe covered financial IT for Incisive Media in NYC and technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's deg... See Full Bio

Get Our Best Stories!

This newsletter may contain advertising, deals, or affiliate links. Subscribing to a newsletter indicates your consent to our Terms of Use and Privacy Policy. You may unsubscribe from the newsletters at any time.